Many things about Social Security Disability (SSD) hearings are confusing. Among them is the fact that the Vocational Expert (VE) at your hearing may testify about jobs that you have never done before and may not even exist where you live. The VE’s testimony may affect your social disability claim, so it’s natural to wonder, “What is going on here?”
THE VOCATIONAL EXPERT AND DISABILITY HEARINGS
To understand why you might hear testimony from a VE about jobs you never knew existed, you must understand that the focus of the hearing is not on your medical diagnosis. Instead, what matters is whether the Administrative Law Judge (ALJ) determines you can work long enough and consistently enough to support yourself despite your condition.
If it is determined that you cannot go back to the job you previously worked, then the ALJ hearing your claim must decide whether there is “other work” you can perform.
The VE is an expert in employment duties and knows how an employer would accommodate a person with various physical or mental disabilities. The VE will testify about jobs that a hypothetical individual could do given your age, skills, experience, education, and limitations. Sometimes they will go through a long list of jobs, and sometimes not so many. Generally, the ALJ is trying to determine where on the disability spectrum the evidence falls in your Social Security disability claim. If you are above the line, you are disabled. If you are below the line, you are not. When the ALJ has the VE go through a lot of jobs that a hypothetical individual could do, it can mean that the ALJ is trying to decide just how close to the line your situation falls.
However, just because the VE may testify that there are jobs that a hypothetical individual can perform, that does not necessarily mean that the ALJ will deny your claim.
Knowing whether the ALJ has posed proper questions to the VE and understanding the answers is one of the main reasons why you should be represented by an experienced disability lawyer at your hearing. An experienced attorney will understand what is happening and will be able to explain it to you and guide you through the process with confidence. They will also be able to correspond intelligently with the ALJ and guide the conversation. They should know what to say and what not to say.
PARMELE DISABILITY ADVOCATES: EXPERIENCE YOU CAN RELY ON
If you have been denied benefits or are thinking of filing a Social Security disability claim, your first step should be to call us at 866-889-2570 to set up a no-cost consultation. Our legal team has over 150 years of combined disability experience, and they have helped 61,000+ individuals receive their SSD or VA disability benefits. Together, we will review your situation, answer your questions, and help you determine your next best steps.